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Delta County <br />nde endent <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF DELTA ss. <br />I, lZanda] Sunderland, do solemnly swear that I am managing <br />editor of the Delta County Independent; that the same is a weekly <br />newspaper printed, in whole or in part, and published in the County <br />of Delta, State of Colorado, continuously and uninterruptedly in <br />said County of Delta for a period of more than fifty-two consecu- <br />tive weeks prior to the first publication of the annexed legal notice <br />or advertisement; that said newspaper has been admitted to the <br />United States mails as second-class matter under the provisions <br />of the Act of Mazch 3, 1879, and all amendments thereof, and that <br />said newspaper is a weekly newspaper duly qualified for publish- <br />ing legal notices and adverOsements within the meaning of the taws <br />of the State of Colorado; that the annexed legal notice or adver- <br />tisement was published in the regular and entire issue of every <br />number of said weekly newspaper for the period of one con- <br />secutive insertion; that the first publication of said notice was in <br />the issue of said newspaper dated August 1st, A.D.. 2007, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated August 1st, A.D., 2007. <br />In witness whereof I have _hereunto set my hand this <br />1st day of August, A.D., 2007. <br />General manager of said <br />Deita County Independent. <br />Subscribed and sworn before me, a Notary <br />~'~ ,Public .in .and for the County of Delta, <br />F~;>`~, State of Colorado, this 1st day of August A.D., <br />`, ,2007: <br />- ~tary~blic . ~- ~~~ <br />-,: <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta. CO 81416 <br />RECE~~E~ <br />pUG p 6 2001 <br />pivision of a d gate Y n <br />Mfrnn9 <br />NOTICE OF PROPOSED <br />DECISION <br />The Coloratlo Division of <br />Recamation, Mining antl Safety pro- <br />poses to Approve Technical Revision <br />Application No. 109 (TR-109) far the <br />' West Elk Mine (Pemntl No. C-1980- <br />00]), submitted by Mountain Coal <br />Company, LLC. The mine operator <br />proposes to consruct a ventilation - -~ . -~ - --- <br />shaft (Deer Creek Shaft) with an <br />adjacent mine emergency shefl antl <br />related facilities. Construction will <br />occur on the 1.9-acre sRe where <br />9eotechnicaVexploration holes were <br />tlrilletl as approvetl in the Notice of <br />Intent tc Explore application X-2006- <br />zrz-0]. <br />The West Elk Mine is an untlergrountl <br />coal mine located in Gunnison <br />County, approximately 9 miles east <br />of Paonia, Colorado. Coal interest <br />is Fetleral antl prvate, antl [ha sur- <br />face aReIXed is Federal antl private <br />lantl. The permit area encompasses <br />approximatery 15,63].80 acres. <br />This proposatl tlecision is based on - <br />a fintling that the proposatl operation <br />will mmply witm all requirements of <br />the Coloratlo Surface Coal Mining <br />Reclamation Aq, Section 34-38-101, <br />eh seq., C.R.S., and the regufatbns <br />promulgatetl thereuntler. <br />Copies of the proposatl tlecision, <br />including stipulations, are on file for <br />public inspection at the Coloratlo <br />Division of Reclamation, Mining <br />and Safety, Room 215, Cemenniel <br />Builtling, 1313 Sherman Street, <br />- Denver, Colorado 80203. Perspgs <br />with an interest that may be atlverse- <br />ly attested by the proposatl tlecision <br />may request a formal hearing before <br />the-Minetl Land Recamation Boartl <br />on the proposed decision. Such <br />request •must be ada~ within- lens; <br />g}~~'~t inita at~q ~~., <br />bCce.'}n-G5t lie-~t {u~g. <br />musCstate with reasonable speciticiry <br />the reasons for Ne request antl the <br />objections to the proposed tlecision. <br />Published in the Depa County <br />Independent August 1, 20W. <br />